A Court Divided The Rehnquist Court And The Future Of Constitutional Law
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A Court Divided The Rehnquist Court And The Future Of Constitutional Law
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Author : Mark Tushnet
language : en
Publisher: W. W. Norton & Company
Release Date : 2005-11-17
A Court Divided The Rehnquist Court And The Future Of Constitutional Law written by Mark Tushnet and has been published by W. W. Norton & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-17 with Law categories.
"An incisive consideration of the Supremes, offering erudite yet accessible clues to legal thinking on the most important level."--Kirkus Reviews In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
The Constitution In Wartime
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Author : Mark Tushnet
language : en
Publisher: Duke University Press
Release Date : 2005-01-26
The Constitution In Wartime written by Mark Tushnet and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-26 with Law categories.
Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution in Wartime identifies and explains the complexities of the important constitutional issues brought to the fore by wartime actions and policies. Twelve prominent legal scholars and political scientists combine broad overviews of U.S. history and contemporary policy with detailed yet accessible analyses of legal issues of pressing concern today. Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad. Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule
The Rights Revolution In The Twentieth Century
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Author : Mark V. Tushnet
language : en
Publisher: New Essays on American Constit
Release Date : 2009
The Rights Revolution In The Twentieth Century written by Mark V. Tushnet and has been published by New Essays on American Constit this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with History categories.
Tushnet traces the concept of legal rightsthrough the 20th century--from their origins in classical liberalism, fashioned in legislatures and emphasizing choice and contract, to notions of personal autonomy and equality protected by the judicial system.
In The Balance Law And Politics On The Roberts Court
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Author : Mark Tushnet
language : en
Publisher: W. W. Norton & Company
Release Date : 2013-09-30
In The Balance Law And Politics On The Roberts Court written by Mark Tushnet and has been published by W. W. Norton & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-30 with Law categories.
An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably—though not always predictably—determined by politics as much as by law, on a Court almost perfectly politically divided. Harvard Law School professor and constitutional law expert Mark Tushnet clarifies the lines of conflict and what is at stake on the Supreme Court as it hangs “in the balance” between its conservatives and its liberals. Clear and deeply knowledgeable on both points of law and the Court’s key players, Tushnet offers a nuanced and surprising examination of the initial years of the Roberts Court. Covering the legal philosophies that have informed decisions on major cases such as the Affordable Care Act, the political structures behind Court appointments, and the face-off between John Roberts and Elena Kagan for intellectual dominance of the Court, In the Balance is a must-read for anyone looking for fresh insight into the Court’s impact on the everyday lives of Americans.
The Rehnquist Legacy
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Author : Craig Bradley
language : en
Publisher: Cambridge University Press
Release Date : 2006
The Rehnquist Legacy written by Craig Bradley and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Biography & Autobiography categories.
This book is a legal biography of William Rehnquist of the U. S. Supreme Court.
The Rehnquist Court And Criminal Justice
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Author : Christopher E. Smith
language : en
Publisher: Lexington Books
Release Date : 2011-11-16
The Rehnquist Court And Criminal Justice written by Christopher E. Smith and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-16 with Law categories.
This book examines the criminal justice decisions of the Rehnquist Court era through analyses of individual justices' contributions to the development of law and policy. The Rehnquist Court era (1986-2005) produced a period of opportunity for the U.S. Supreme Court's judicial conservatives to reshape constitutional law concerning rights in the criminal justice process. It was an era in which the Court produced many hotly-debated decisions concerning such issues as capital punishment, search and seizure, police interrogations, and prisoners' rights. The Court's most conservative justice, William H. Rehnquist, ascended to the key leadership position of Chief Justice and he was joined on the Court by two new appointees, Antonin Scalia and Clarence Thomas, who were equally supportive of both greater authority for police and limited definitions of constitutional rights for suspects, defendants, and criminal offenders. The Rehnquist Court era decisions refined and narrowed many of the rights-expanding decisions of the Warren Court era (1953-1969). However, the Supreme Court did not ultimately eliminate the Warren era's foundational rights concepts in criminal justice, such as the exclusionary rule and Miranda warnings. As the leading liberal voices of the Warren era, William Brennan and Thurgood Marshall, retired early in the Rehnquist era, the Court experienced continued advocacy of broad conceptions for many rights through the increased assertiveness of Republican appointees Harry Blackmun, John Paul Stevens, and David Souter as well as the arrival of new Democratic appointees Ruth Bader Ginsburg and Stephen Breyer. In many important cases, the justices advocating the preservation of constitutional protections could prevail, even on a generally conservative Court, by persuading one or more of President Ronald Reagan's appointees to support a particular right for suspects and defendants. Sandra Day O'Connor and Anthony Kennedy, in particular, shaped outcomes within a divided Court as they determined which of the Court’s wings with which they would align in a particular case. The contributors to this volume identify and highlight the unique perspectives and influential decisions of individual justices as the means for understanding the Rehnquist Court’s imprint on criminal justice.
Queen S Court
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Author : Nancy Maveety
language : en
Publisher:
Release Date : 2008
Queen S Court written by Nancy Maveety and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Biography & Autobiography categories.
The first book to challenge the conventional wisdom that Sandra Day O'Connor was an influential member of the Rehnquist Court simply by default of her centrist views. Shows that her impact and influence went far beyond the "swing vote," and that it truly was "O'Connor's Court" more so than Rehnquist's.
Bong Hits 4 Jesus
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Author : James C. Foster
language : en
Publisher: University of Alaska Press
Release Date : 2010-10-15
Bong Hits 4 Jesus written by James C. Foster and has been published by University of Alaska Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-15 with Political Science categories.
In January 2002, for the first time, the Olympic Torch Relay visited Alaska on its way to the Winter Games. When the relay runner and accompanying camera cars passed Juneau-Douglas High School, senior Joseph Frederick and several friends unfurled a fourteen-foot banner reading "BONG HiTS 4 JESUS." An in-depth look at student rights within a public high school, this book chronicles the events that followed: Frederick's suspension, the subsequent suit against the school district, and, ultimately, the escalation of a local conflict into a federal case. Brought to life through interviews with the principal figures in the case, Bong Hits 4 Jesus is a gripping tale of the boundaries of free speech in an American high school.
Historical Dictionary Of The U S Constitution
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Author : Richard S. Conley
language : en
Publisher: Rowman & Littlefield
Release Date : 2016-08-16
Historical Dictionary Of The U S Constitution written by Richard S. Conley and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-16 with Political Science categories.
The Historical Dictionary of the U.S. Constitution covers the Founding of the American Republic and the Framers, the drafting of the Constitution, constitutional debates over ratification, and traces key events, Supreme Court chief justices, amendments, and Supreme Court cases regarding the interpretation of the Constitution from 1789-2016. The Historical Dictionary of the U.S. Constitution contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 300 cross-referenced entries on key figures in the Founding, Supreme Court chief justices, explanations of the Articles and Amendments to the Constitution, and key Supreme Court cases. This book is an excellent access point for students, researchers, and anyone wanting to know more about the U.S. Constitution.
Shaping Us Military Law
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Author : Joshua E. Kastenberg
language : en
Publisher: Routledge
Release Date : 2016-04-01
Shaping Us Military Law written by Joshua E. Kastenberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-01 with Law categories.
Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.